Facts
The Cantonal Council of Appenzell Ausserrhoden deliberated on February 20, 1995 in the second reading the draft for a new totally revised Cantonal Constitution and adopted the revised draft "for the attention of the Landsgemeinde 1995" with only a few dissenting votes. On March 13, 1995, the Cantonal Council approved the Rules of Procedure for the Landsgemeinde of April 30, 1995, which provided for the vote on the new Cantonal Constitution.
Willi Rohner then filed a complaint about the right to vote with the Federal Supreme Court. He requested that the resolutions of the Cantonal Council be annulled insofar as they ordered the vote on the new Cantonal Constitution at the Landsgemeinde 1995. As justification, he argued that a vote on such an important matter as a new Cantonal Constitution could not be held without violating the constitutionally guaranteed freedom of voting due to the inadequacies of the Landsgemeinde.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the Landsgemeinde represents a special form of direct democratic participation of the voters and that the cantons are generally free within the framework of Art. 6 of the Federal Constitution to determine the nature and modalities of democratic participation. The Landsgemeinden have existed in several cantons since time immemorial, and no significant innovations have occurred since then that would require a fundamental review of this institution.
The Federal Supreme Court acknowledged that the Landsgemeinde is associated with certain systemic inadequacies, such as concerns regarding the secrecy of the ballot, possible influence on the voters, or…